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FUNDAMENTAL RESEARCH AND THE INTERNATIONAL TRAFFIC IN ARMS REGULATION

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Technical Data is just about any information pertaining, in any way whatsoever, to a Defense Article.

This definition does not include information in the public domain, basic marketing information, or information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities. (22 CFR 120.10)

Restrictions on attendance at conferences and seminars -- prohibits presentation of results or discussions of projects to audiences where there are foreign nationals or at international conferences abroad

Restrictions on the export of dual-use goods and technologies

Scientific satellite hardware and related technologies

Control of the export of “technical data” to a foreign national regardless of whether the foreign national is in the U.S. or abroad

Basic and applied research in science and engineering, the results of which are ordinarily are published and shared broadly within the scientific community

distinguish from proprietary research and from industrial development, design, production, manufacture and product utilization, which ordinarily are disclosure-restricted for proprietary or national security reasons.

Research that is subject to access, dissemination, or participation restrictions does not qualify!

“In contracts for basic or applied research universities are colleges, no restrictions may be placed upon the conduct of or reporting on the results of unclassified basic or applied research, except as provided in applicable U.S.Statutes.”

DoD Supplement to the FAR

“It is DOD policy: … to allow the publication and public presentation of unclassified contracted fundamental research results. The mechanism for control of information generated by DOT funded contracted fundamental research …is security classification.”

REPEAT: Acceptance of participation, dissemination, and access restrictions sought by the government or other sponsor may destroy a university’s ability to characterize its work as “Fundamental Research”

Registration with Office of Defense Trade Controls, a prerequisite to licensing, is not required for “persons” (a definition that includes any entities authorized to do business in the U.S., such as universities) that

U.S. Institutions of Higher Education do not need a license to export articles they have fabricated for fundamental research purposes, including research, scientific and experimental satellites to

EU, NATO-allied, Strong Non-NATO allied countries or

Member countries of the European Space Agency

SO LONG AS

For Fundamental Research

All of the information about the article, including its design and all of the resulting information obtained through fundamental research involving the article will be published and shared broadly within the scientific community and

Information about experimental, scientific, and research satellites fabricated exclusively for use in fundamental research may be shared with countries and nationals of countries identified in 22 CFR 123.16(b)(10)(i) when

Engaged in international fundamental research

Under the aegis of an accredited U.S. institution of higher education

In direct support of Fundamental Research as per 22 CFR 120.11(8)

AND

Limited to discussion on assembly and integration into the satellite or spacecraft of the experimental/research device

The information to be disclosed must satisfy the requirements of 22 CFR 123.16(b)(10):

All the information about the article, including its design, “will be published and shared broadly within the scientific community, and is not restricted for proprietary reasons or specific U.S. government access and dissemination controls or other restrictions accepted by the institution or its researchers on publication of scientific and technical information resulting from the project or activity”